The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

FORMER art teacher Andre Birbal pleaded not guilty to six counts of unnatural sexual intercourse with an underage boy yesterday before a jury was empanelled and screened to determine their ability to fairly hear and try the case, notwithstanding its publicity.

However, the remaining charges concerning a second alleged victim were not read to Birbal and The Tribune understands that the second complainant in the matter has opted not to testify a second time, leaving the Crown with only three witnesses, including the first complainant.

Birbal, a 48-year-old former arts and computer design instructor at Eight Mile Rock High School, is alleged to have sexually assaulted a student of his between January 2002 and June 2007.

The complainant, according to law, could not have given consent at the time of the alleged offences.

A week ago, Birbal filed a constitutional motion on the grounds that he had not been tried within a reasonable time.

He also claimed that he was not likely to get a fair hearing as guaranteed by Article 20(1) of the Constitution.

He sought an indefinite stay on the matter after arguing that his retrial for the matter occurred outside the three years of his arrest and that there were adverse reports in the media following the Court of Appeal’s ruling that painted his character in a negative light, despite his conviction being squashed.

In response, prosecutor Darell Taylor said that the amended law for trial within a reasonable time does not apply to Birbal because the matter was ordered for a retrial by the appellate court less than a year ago. She said there had been no unreasonable delay.

She further noted that Birbal had provided no evidence to support his claim of adverse reports. 

The prosecutor said that even taking the reports into account, the judge had the authority to warn the jury to ignore anything they may have seen and read in the media regarding this case.

On Tuesday, Justice Jones dismissed the application on the grounds that there had been no unreasonable delay in the case and there was no reason to believe that he could not get a fair trial, notwithstanding the publicity the case had attracted. 

The trial is scheduled to begin today at 10am.

Romona Farquharson-Seymour represents Birbal while Darell Taylor and Aaron Johnson are prosecuting for the Crown.